257-03-BZ CEQR #04-BSA-024X APPLICANT - Joseph P. Morsellino, Esq., for Dorothy Sauerbrun, owner; Walgreens, lessee. SUBJECT - Application August 12, 2003 - under Z.R. §72-21 to permit the proposed erection and maintenance of a drugstore located in a C8-1 and R5 zoning district, that provides 21 parking spaces, instead of the required 35 parking spaces and also will provide a 10 foot 9 inch side yard, rather than the required 15 foot side yard, which is contrary to Z.R. §§36-21 and 33-291. PREMISES AFFECTED - 3575 Boston Road, northwest corner of East 222nd Street and Boston Post Road, Block 4729, Lot 1, Borough of The Bronx. COMMUNITY BOARD #12BX APPEARANCES - For Applicant: Joseph P. Morsellino. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Caliendo and Commissioner Miele......4 Negative:.....................................................................0 THE RESOLUTION - WHEREAS, the decision of the Borough Commissioner, dated July 29, 2003 acting on Application No. 200782849 reads: “1) IN AN R-5 ZONING DISTRICT USE GROUP 6 IS CONTRARY TO SECTION 22-00 OF THE ZONING RESOLUTION 2) SIDE YARD REQUIRED ALONG DISTRICT BOUNDARY AS PER SECTION 33-291 OF THE ZONING RESOLUTION 3) THE PROPOSED COMMERCIAL PARKING IS CONTRARY TO SECTION 36-21 OF THE ZONING RESOLUTION 4) THE PROPOSED COMMERCIAL CURB CUT IN AN R-5 ZONING DISTRICT IS CONTRARY TO SECTION 22-00 OF THE ZONING RESOLUTION”;and WHEREAS, a public hearing was held on this application on November 5, 2003 after due notice by publication in the City Record, and laid over to December 9, 2003 for decision; and WHEREAS, Community Board No. 12 in The Bronx recommended approval of the subject application; and WHEREAS, the site and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Vice- Chair Satish Babbar and Commissioner Peter Caliendo; and WHEREAS, this is an application under Z.R. 257-03-BZ CEQR #04-BSA-024X of the surrounding neighborhood nor impair the use or development of adjacent properties, nor will it be detrimental to the public welfare; and WHEREAS, the hardship herein was not created by the owner or a predecessor in title; and WHEREAS, the Board finds that this proposal is the minimum necessary to afford the owner relief; and WHEREAS, the Board has determined that the evidence in the record supports the findings required to be made under §72-21 of the Zoning Resolution; and WHEREAS, the Board has conducted an environmental review of the proposed action and the Final Environmental Assessment Statement and has carefully considered all relevant areas of environmental concern; and WHEREAS, the evidence demonstrates no foreseeable significant environmental impacts that would require the preparation of an Environmental Impact Statement. Resolved that the Board of Standards and Appeals issues a Negative Declaration under 6 NYCRR Part 617 and §6-07(b) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under Z.R. §72-21, 21 to permit the proposed erection and maintenance of a drugstore located in a C8-1 and R5 zoning district, that provides 21 parking spaces, instead of the required 35 parking spaces and also will provide a 10 foot 9 inch side yard, rather than the required 15 foot side yard, which is contrary to Z.R. §§36-21 and 33-291, on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received November 25, 2003”- (1) sheet and “Received October 27, 2003”- (4) sheets; and on further condition; THAT the premises shall be maintained free of debris and graffiti; THAT any graffiti located on the premises shall be removed within 48 hours; THAT the applicant shall comply with all applicable fire safety measures; THAT construction shall be completed in accordance with

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